Home > Research Legal Advice > Criminal Defense > If the "victim" recants, how likely is it that the defendent will still ...
Asked 8 months ago - Bowling Green, KY
FlagIf I had said we did something, and that was the only evidence the prosecution has, and recanted, because I had been forced into saying it by the police, how likely would it be that the defendent still goes to jail?
This is a difficult question without more facts. If a witness/prosecuting witness/victim makes a written report or taped statement or speaks to a police officer, that can be used in the prosecution of the case. Hearsay Evidence is not generally admissable in court but can sometimes be admitted. If the same person "recants" and/or takes the 5th amendment privilege, or refuses to cooperate with the prosecution, that causes problems with the prosecution. It depends on what other evidence the Commonwealth has to prove the case. The defendant needs a lawyer and you need a lawyer as well to dvise you, so you are not charged with giving a false sworn statement or subject to contempt of court for refusing to testify.
It depends upon numerous things. The state is very used to recantation. Often it is the result of intimidation. Other times it is due to domestic relationships where abuse is involved and the victim forgives that person. There are also situations in which a co-defendant implicates the other and then wants to recant. Each situation is unique, but those are the most common. The state will decide based upon the other facts how to go forth.
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